Legislation

CRIMINAL JUSTICE: DNA Evidence Retention (SB 731) (2011)

This session, because of the evenly divided House, it was easier to stop than to pass a bill. The ACLU nevertheless spearheaded the passage of SB 731, culminating a ten-year effort to bring added protection to the criminal justice system regarding the preservation and use of evidence containing biological material (DNA) to prove innocence.

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SEARCH & SEIZURE: Police Road Blocks (HJR 25) (2011)

A constitutional amendment to weaken our search and seizure provision (Article I, section 9) of the Oregon Constitution was introduced for the third session in a row. HJR 25 would have amended the constitution to authorize law enforcement to use roadblocks to stop and question individuals to detect drunk drivers without any individualized suspicion of wrongdoing.

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SEARCH & SEIZURE: Police Roadblocks (HB 3133) (2011)

HB 3133, the statutory companion to HJR 25 was intended to place uniform statutory requirements if law enforcement were to use roadblocks (assuming HJR 25 passed).

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CRIMINAL JUSTICE: Health Care Notification to Law Enforcement (HB 3085) (2011)

Introduced by Rep. Barker (D-Aloha), HB 3085 expands the requirement by health care providers to notify law enforcement of the results of a blood test performed in the course of treatment if the blood contains a controlled substance and the person is believed to have been the operator of a motor vehicle involved in an accident.

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CRIMINAL JUSTICE: DNA Testing of Individuals Arrested (SB 881) (2011)

This session, like last session, saw the introduction of a proposal to allow the collection of DNA from those arrested. SB 881, at the behest of Sen. Jackie Winters (R-Salem), would have required local law enforcement to collect a DNA sample of individuals arrested for any felony crimes committed against another person, all sex crimes and burglary in the first degree. SB 881 would have authorized the collection of biological evidence from individuals prior to any determination of guilt and without the requisite court order after a showing of probable cause.

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CRIMINAL JUSTICE: Removing the Statute of Limitations (HB 3057) (2011)

The ACLU opposed HB 3057, introduced by Representatives Dave Hunt (D-Gladstone), Margaret Doherty (D-Tigard) and Jeff Barker (D- Aloha), which would have removed any statute of limitations for sex-related crimes if the victim was under the age of 18 at the time of the alleged crime. Under this bill, a person could be charged with a crime decades after the alleged event.

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DRUG REFORM: Undermining Medical Marijuana Law (SB 777) (2011)

The ACLU submitted written testimony in opposition to SB 777, which would have significantly weakened the Oregon Medical Marijuana Act (OMMA).

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DRUG REFORM: Medical Marijuana (HB 3664) (2011)

The ACLU testified against HB 3664, which would have significantly rewritten and weakened the Oregon Medical Marijuana Act (OMMA).

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Criminal Justice: Vote “NO” on Measure 73 (2010)

Ballot Measure 73 is sponsored by Kevin Mannix, who brought us Measure 11 in 1994 which enacted mandatory minimum prison sentencing in Oregon for violent felonies. The ACLU of Oregon opposed Measure 11 because we oppose mandatory minimum sentencing.

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Drug Reform: Vote “Yes” on Measure 74 (2010)

Ballot Measure 74 builds on Oregon’s current medical marijuana law that the ACLU of Oregon helped draft in 1998. Currently, medical marijuana patients can only legally access medical marijuana in two ways: grow it themselves or obtain it from an authorized grower, who by law may only grow for a few people. Other than that, the only way a qualified patient may obtain medical marijuana is on the black market.  For many patients the result is that they either cannot access medical marijuana or they must obtain it illegally. The ACLU of Oregon supports de-criminalizing medical marijuana and Measure 74 advances that effort by creating both a legal and safe means for qualified patients to obtain the medication they need.

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ACLU Testifies Against Portland's Latest "Sit/Lie" Ordinance

On May 6, 2010 - The Portland City Council voted unanimously to approve the latest "sit/lie" ordinance. ACLU will monitor its implementation.

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PRIVACY: DNA-Creating DNA Retention Policy (SB 310) (2009)

SB 310 builds on Oregon’s DNA innocence law passed a few years ago allowing a person convicted of murder, a “person” felony or certain sex crimes to request testing of evidence for DNA that was obtained in the original criminal investigation. ACLU worked to pass what was a temporary law when it was first introduced in 2001 and led the effort in 2007 to make it a permanent part of Oregon law. That law establishes a procedure to request testing but does not address the question of retaining evidence so that it can be tested years later.

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CRIMINAL JUSTICE

Collecting DNA from Felony Arrestees (HB 2103) (2009)

Defense Counsel Access to Evidence (HB 2344) (2009)

Invasion of Personal Privacy (HB 2477) (2009)

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PRIVACY: Criminal History Background Checks for Employment & Licensing (HB 2187, HB 2217, HB 2224, HB 2442*, HB 2988*, HB 3427, SB 46, SB 66, SB 94, and SB 157) (2009)

Beginning in the 1990s, the Oregon legislature began authorizing FBI fingerprint criminal history checks for school teachers. Over the years, this authority has expanded greatly to include most state agencies that grant licenses or hire employees in “sensitive” positions. In 2005, ACLU worked on omnibus legislation in this area (HB 2157). We supported certain provisions of that proposal because it included new uniform safeguards and due process protections for all persons subject to FBI background checks and maintained the requirement that the fingerprints be destroyed after the background check.

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DRUG POLICY: Medical Marijuana Discrimination (HB 2497, HB 2503 HB 2881 and HB 3052) (2009)

As we anticipated, a number of bills were introduced to allow employers to terminate an employee who is a medical marijuana cardholder without any evidence of actual impairment on the job. The ACLU opposed HB 2497, HB 2881 and HB 3052 (and had concerns about HB 2503) because in one form or another the bills included this type of power for employers.

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ACLU Opposes Measure 57, but…* (2008)

Would Expand Prison Sentences and Add Drug Treatment Opportunities

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ACLU Opposes Measure 61 (2008)

Would Significantly Expand Mandatory Minimum Sentencing for Property and Drug Crimes

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ACLU of Oregon Challenges Ashland's Anti-Camping Ordinance

Southern Oregon Chapter Questions Harsh Laws Targeting People Who Are Homeless

Oct. 13, 2008 -- The Southern Oregon Chapter of the American Civil Liberties Union of Oregon calls upon the City of Ashland to amend its “Prohibited Camping” ordinance from one that punishes poverty and homelessness into one that prods the city to provide housing for the homeless. 

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Medical Marijuana Discrimination (HB 3635) (2008)

We anticipated legislation allowing employers to discriminate against employees who are medical marijuana cardholders.  We defeated this proposal in 2007 mostly because time ran out before the

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ACLU Lobbying Leads to Change in Portland Police Practices

New Rules Protect Death With Dignity and Medical Marijuana Acts

December 11, 2007 - As a result of ACLU of Oregon lobbying efforts with Portland Mayor Tom Potter, Portland Police Chief Rosie Sizer has issued an executive order that specifically prohibits any police assistance with investigations or prosecutions for persons who are acting under the authority of Oregon’s Death with Dignity or Medical Marijuana acts.

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Portland Exclusion Zones

In September 2007, Mayor Tom Potter chose not to renew Portland’s Drug and Prostitution Exclusion Zone ordinances.

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